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Pip 7 points should I appeal please help

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9 years 5 months ago #125851 by Weby
Hi

New member and had some great support with this site through my last year.

Having applied for pip in October 13 I finally got my decision in August 14 and was awarded 7 points , in my mandatory reconsideration I got 7 points.

They keep referring to assessments with atos which are lies, they are giving me 2 points for cooking and preparing, even though I have shown them photos of cuts, bruises and burns from trying to do it myself. I can't cut or prepare any veg, their argument is that my right hand is ok.

They are giving me 1 point for managing therapy which I don't agree with, they say I could cook with lighter pans and support. And they don't believe I need help putting on my chap as I have aright hand.

I have arthritis in my joint and last week I had my cmc joint removed and am in plasrter in the process of my joint fusing together.

I feel so weary by it all, that I just feel like shredding it, I have had mp's involved made complaints that haven't been followed up.

Please could you advise me, any help would be much appreciated


Thanks

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9 years 5 months ago #125856 by Gordon
Replied by Gordon on topic Pip 7 points should I appeal please help
Weby

This is a decision that only you can make, Tribunals are not meant to be confrontational but many people find them to be and it can be stressful preparing for one, however, if you have scored 7 points then you only need to score one more point for a Standard rate award of PIP. You need to be aware that a Tribunal can only take into account your condition as it was at the time of the assessment, any change since then is excluded.

Your other option is to make a new claim for PIP if you think that your condition has deteriorated or that a "clean sheet" might help, the disadvantages are that you will lose any right to back pay from when you originally applied and if you do this in parallel to an appeal, it will limit any Decision that the panel might make.

Gordon

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9 years 5 months ago #125864 by Weby
Replied by Weby on topic Pip 7 points should I appeal please help
So can I appeal and submit a new claim, if they had made their decision months ago I would have re applied but look where I am now because of their delays.

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9 years 5 months ago #125867 by Gordon
Replied by Gordon on topic Pip 7 points should I appeal please help

Weby wrote: So can I appeal and submit a new claim, if they had made their decision months ago I would have re applied but look where I am now because of their delays.


Yes you can but just to make sure you understood my previous post.

If the Tribunal awards you 8 points and the new claim results in 7 again then you will lose your award, although you will get paid for the period from when you made your new claim and when the new Decision applies from and this new Decision will be appealable in its own right.

Gordon

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9 years 5 months ago #125870 by Weby
Replied by Weby on topic Pip 7 points should I appeal please help
Thanks Gordon, I will do both, any tips on the appeal.

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9 years 5 months ago #125876 by Gordon
Replied by Gordon on topic Pip 7 points should I appeal please help

Weby wrote: Thanks Gordon, I will do both, any tips on the appeal.


Have a look at the following

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

Good practice for those appealing

Gordon

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